Legal Question in Real Estate Law in Texas

We live in a private gated community. The builders who were building homes have left due to the economy. A new builder has come because, the property owner invited them. He then added amendments to the deed restrictions to allow smaller cheaper, (much lower quality as well) into oue community. They are $100,00 cheaper than ours. They start at 100 and go to 130's. we start at 160 and go to 230's with most house over $200,00.00. My street only had 1 other house on it. It is a cul de sac. They are currently building 2 houses with planns of 5 more on my street. These houses are around $100,00.00 cheaper than mine. and we starting to see people who we didnot want to live in a community with at our shared community facilities. I am not better than anyone else. I just saved for over 20 years to buy the home of my family's dreams and now because of greed our private community is being over run by those who do not appreciate what it took to live in an upper middle class comunity. Our HOA, (which is controlled by the developer) has changed the original intent of this community. I want to stop this before I lose the value of my home and the uniqueness that made this an interest to families like myself. Had I known this was going to happen I would never agreed to buy a home here. My neighbors and I are really struggling here, can you offer a suggestion?


Asked on 10/01/10, 10:41 am

1 Answer from Attorneys
Robert Stephens Stephens & Stephens

The Articles and Bylaws of the HOA generally set out the voting rights and may provide for 2 or even three votes by the developer until it is 75% sold at which time if he gets 3 votes to each homeowner's 1 vote per lot, the developer loses control and the homeowners can elect their own slate.Request the minutes of the homeowner's association and check with the county clerk to get qa copy of the HOA articles and bylaws and with the Secretary of State's office. They may have amended them

Look at your brochures and on the internet and newspaper archives for the developer's ads. More than likely he will have made representations about the quality of the project, the sq ft. of homes and the price range of the homes.

You will then know if you have a cause of action for misrepresentation, breach of Fiduciary duties and other claims.

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Answered on 10/06/10, 11:00 am


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